B-193155, NOVEMBER 3, 1978

B-193155: Nov 3, 1978

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DIGEST: QUESTION OF WHETHER AGENCY DETERMINATION TO PROVIDE SERVICES IN HOUSE RATHER THAN BY CONTRACT FOR SUCH SERVICES IS MATTER OF EXECUTIVE POLICY FOR CONSIDERATION UNDER OMB CIRCULAR A-76. IS NOT WITHIN GAO'S DECISION FUNCTION. EXECUTIVE BRANCH POLICY WITH RESPECT TO THE SUBJECT OF CONTRACTING FOR SERVICES OR PERFORMING SUCH SERVICES WITH GOVERNMENT EMPLOYEES IS PROVIDED IN OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-76. WE REGARD THE PROVISIONS OF THE CIRCULAR AS MATTERS OF EXECUTIVE POLICY WHICH ARE NOT WITHIN THE DECISION FUNCTIONS OF THE GENERAL ACCOUNTING OFFICE. THE QUESTION OF WHETHER THE AIR FORCE PROPERLY DECIDED TO PERFORM THE SERVICES IN-HOUSE IS NOT FOR CONSIDERATION UNDER THE BID PROTEST FUNCTIONS OF OUR OFFICE AND THE PROTEST IS.

B-193155, NOVEMBER 3, 1978

DIGEST: QUESTION OF WHETHER AGENCY DETERMINATION TO PROVIDE SERVICES IN HOUSE RATHER THAN BY CONTRACT FOR SUCH SERVICES IS MATTER OF EXECUTIVE POLICY FOR CONSIDERATION UNDER OMB CIRCULAR A-76, AND IS NOT WITHIN GAO'S DECISION FUNCTION.

WHAT-MAC CONTRACTORS INC.:

WHAT-MAC CONTRACTORS INC. (WHAT-MAC) PROTESTS THE DECISION OF THE DEPARTMENT OF THE AIR FORCE TO PERFORM MESS ATTENDANT SERVICES IN-HOUSE RATHER THAN BY CONTRACT WITH PROTESTER.

EXECUTIVE BRANCH POLICY WITH RESPECT TO THE SUBJECT OF CONTRACTING FOR SERVICES OR PERFORMING SUCH SERVICES WITH GOVERNMENT EMPLOYEES IS PROVIDED IN OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-76. ALTHOUGH THE CIRCULAR EXPRESSES A GENERAL PREFERENCE FOR CONTRACTING WITH COMMERCIAL ENTERPRISES, WE REGARD THE PROVISIONS OF THE CIRCULAR AS MATTERS OF EXECUTIVE POLICY WHICH ARE NOT WITHIN THE DECISION FUNCTIONS OF THE GENERAL ACCOUNTING OFFICE. SEE KASPER BROTHERS, B-188276, FEBRUARY 8, 1977, 77-1 CPD 99, AND CASES CITED THEREIN.

THEREFORE, THE QUESTION OF WHETHER THE AIR FORCE PROPERLY DECIDED TO PERFORM THE SERVICES IN-HOUSE IS NOT FOR CONSIDERATION UNDER THE BID PROTEST FUNCTIONS OF OUR OFFICE AND THE PROTEST IS, THEREFORE, DISMISSED.

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